Bill Text

Nutrient Management Act

Section 1. Short Title.

This Act shall be known as and may be cited as the “<insert your state here> Nutrient Management Act.”

Section 2. Legislative Findings.

The Legislature for the state of <insert your state here> finds the following:

(A) Agriculture is important to the economic and general welfare of <insert your state here>;

(B) Runoff and the improper handling of excessive nutrients may hinder the agricultural industry and compromise the quality of the water in the state of <insert your state here>; and

(C) The practice of instituting a mandatory nutrient management plan for individual agricultural operations will provide a method to manage excessive nutrients while maintaining the success of the agricultural industry and the quality of the water in the state of <insert your state here>.

Section 3. Legislative Intent.

It is the intent of the Legislature to:

(A) Regulate the application and generation of nutrients to meet or exceed federal law to protect ground and surface water in the overall interest of public welfare; and

(B) Create a nutrient management planning program.

Section 4. Definitions.

For the purposes of this Act, the following words have the following meanings:

(A) “Agricultural Operation” refers to an operation that raises an agricultural product, such as plants, animals, and plant and animal products grown, raised, or produced within the state for use as food, feed, or seed.

(B) “Agricultural Operator(s)” refers to the owner(s) of an agricultural operation.

(C) “Animal Unit” means 1000 pounds of animal weight as defined by the United States Department of Agriculture.

(D) “Best Management Practices” or “BMP” refers to practices that have been identified by the Nutrient Management Commission.

(E) “Certified Nutrient Management Specialist” or “CNMS” refers to an individual who has been certified by the state Nutrient Management Commission.

(F) “Department” refers to <insert your state here> Department of Agriculture.

(G) “Nutrient Management Commission” or “NMC” refers to a group of appointed individuals who oversee the provisions of this Act, in accordance with Section 6(C).

(H) “Nutrient Management Plan” or “NMP” means a written document outlining the amount, placement, timing, and application of nutrients on the agricultural operation to which the plan applies.

(I) “Nutrient” refers to, but is not limited to, nitrogen, phosphorous, organic matter, or any substance used to enhance plant and soil health.

(J) “Secretary” refers to the Secretary of the <insert your state here> Department of Agriculture.

Section 5. Nutrient Management Plan.

(A) A Nutrient Management Plan (“NMP”) shall be required for any agricultural operation that:

(1) Confines and feeds <recommend a minimum of 8 or more animal units at any one time>; or

(2) Controls in excess of <recommend a minimum of 10 acres> to which nutrients, including manure, are applied.

(B) The contents of a Nutrient Management Plan must include, but are not limited to:

(1) Field maps showing reference points (such as buildings), total acreage, soil types, manure storage areas, manure and nutrient spreading areas, property lines, and surface waters;

(2) Soil and manure analyses;

(3) Recommended rates, timing, and methods of nutrient applications, with exclusions for: winter manure spreading, during precipitation events, within 24 hours of forecast precipitation, or saturated ground;

(4) Manure storage specifics for animal production facilities;

(5) Site specific emergency action plans;

(6) Verification that the NMP was prepared by a Certified Nutrient Management Specialist who has fulfilled certification requirements as defined by Section 7; and

(7) A recommended timetable for implementing the plan.

(C) The NMP shall be filed with the <insert your state here> Nutrient Management Commission and the Department. A copy of the NMP shall be maintained on site by the agricultural operator, and records shall be kept by the agricultural operator concerning the requirements of the NMP.

(D) A Nutrient Management Plan shall be developed according to the following provisions:

(1) An NMP shall be prepared by a Certified Nutrient Management Specialist, who is a person qualified as defined by Section 7;

(2) An NMP shall be updated a minimum of <recommend a maximum period of five years>, upon a significant alteration of the facility operation, or upon a 25% or above increase in production; and

(3) Agricultural operations as defined by Section 4(A) shall develop a NMP by <insert date one to three years after Act becomes law>.

(E) A Nutrient Management Plan for an agricultural operation as defined by Section 4(A) shall be implemented by <insert date three to five years after Act becomes law>.

(F) A variance for implementing a Nutrient Management Plan may be granted under the following provisions:

(1) The <insert your state here> Nutrient Management Commission, as established by Section 6, shall establish rule criteria and procedures under which a variance may be granted. The rule criteria and procedures for the variance shall be approved by the Department; and

(2) A variance may be granted by the <insert your state here> Nutrient Management Commission if:

(a) The agricultural operator seeking permissive variance shows that undue hardship would occur under the timetable defined by the operation’s NMP. Financial and technical reasons relating to the inability to follow established implementation schedule shall be included, at a minimum;

(b) The agricultural operator shows the attempt to implement the Nutrient Management Plan had been done so in good faith; and

(c) The agricultural operator submits a variance request <recommend period of 90 days> prior to date of implementation.

(G) The following penalties shall apply for violations of a Nutrient Management Plan:

(1) An agricultural operation that is in violation of Section 5(D)(1) shall be notified by the Department that it is in violation of the requirements for its NMP. If, after a reasonable amount of time, the agricultural operation fails to develop an NMP, the agricultural operation may be subject to an administrative penalty of up to $1000, with an additional penalty of up to $250.00 per day for every day the violation is adjudged.

(2) An agricultural operation that is in violation of Section 5(E) is subject to:

(a) A warning for the first violation; and

(b) For a second violation and any subsequent violations, a penalty of up to $1000.00, with an additional penalty of up to $250.00 per day for every day the violation is adjudged.

(3) An agricultural operation’s failure to comply with its NMP constitutes a civil violation for which a penalty of up to $1000.00 may be conferred, with the possibility of an additional penalty of $250.00 per day until the violation is corrected.

(H) Money collected from penalties shall be deposited into <insert preferred state fund>.

(I) The Department, in consultation with the Nutrient Management Commission as defined by Section 6, shall determine compliance with this section.

Section 6. Nutrient Management Commission.

(A) The <insert your state here> Nutrient Management Commission (NMC) is hereby established.

(B) Membership

(1) The <insert your state here> NMC shall consist of 15 individuals appointed from the agricultural community, environmental community, agricultural fertilizer community, academia, and appropriate government units. The President of the Senate shall appoint one senator and the Speaker of the House shall appoint one representative to the Commission. The head of the Department shall appoint 6 individuals. The Governor shall appoint 7 individuals.

(2) Terms of NMC membership shall be staggered for lengths of <recommend a minimum of one and a maximum of three years> in the following manner:

(a) The Department appointees shall serve a term of a <maximum of three years>;

(b) The Governor appointees shall serve a term of a <maximum of two years>; and

(c) The President of the Senate and the Speaker of the House appointees shall serve a term of a <maximum of one year>.

(C) The Nutrient Management Commission shall:

(1) Identify Best Management Practices to improve water quality, optimize nutrient use, and maintain a profitable agriculture industry within the state of <insert your state here>;

(2) Provide a report on <recommend a specific date> of each year on the implementation of the Nutrient Management Act that provides the following information to the Department:

(a) Level of participation;

(b) Effectiveness of the <insert your state here> Nutrient Management Act; and

(c) Number of certified CNMSs;

(3) Consult with the Department regarding:

(a) Developing the criteria, form, and content for NMPs;

(b) Establishing education, continuing education, and testing requirements for CNMSs;

(c) Establishing a program monitoring the effectiveness of the Act; and

(d) Adopting guidelines for CNMSs on record keeping and reporting requirements; and

(4) Meet a minimum of twice per calendar year.

Section 7. Nutrient Management Specialist.

(A) Certification to be a Nutrient Management Specialist may be obtained by individuals who:

(1) Submit an application approved by the Department;

(2) Submit a filing fee of <recommend $50.00> to be deposited in the <insert preferred state fund>;

(3) Fulfill the Department’s education requirement, including a program on the proper application of nutrients; and

(4) Pass an exam administered by the Department, which has been developed in consultation with the Nutrient Management Commission defined by Section 7.

(B) Certification renewal may be renewed for the period of one year for an NMS who:

(1) Submits a renewal application approved by the Department;

(2) Submits a filing fee of <recommend $50.00> payable to <insert preferred state fund>; and

(3) Fulfills continuing education requirements set by the Department, in consultation with the Nutrient Management Commission.

(C) A Nutrient Management Specialist must fulfill the following duties:

(1) Prepare NMPs for individual agricultural operations according to the provisions outlined in this Act; and

(2) Notify the Department upon the completion of an NMP.

Section 8. Funding.

(A) The Governor shall provide sufficient funding in each year’s fiscal budget to:

(1) Assist in the development of NMPs; and

(2) Meet the technical assistance and evaluation requirements by the NMC.

(B) State cost sharing may be made available to agricultural operators to help offset the costs of having a NMP prepared by a CNMS.

(C) State cost sharing may be made available to agricultural operators to help offset the cost of implementing and maintaining a NMP.

Section 9. Exemption.

An agricultural operator and agricultural operation shall be exempt from this Act, if a Nutrient Management Plan has been filed in compliance with other laws (e.g., Federal CAFO Final Rule) or other requirements, or with requirements as or more stringent as laid out in this Act.

Section 10. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 11. Promulgation of Regulations.

Executive authority is now granted to the Department for rulemaking. In addition to the rulemaking authority the Department shall:

(A) Maintain appropriate files regarding the <insert your state here> Nutrient Management Program;

(B) Assist in developing the criteria, form, and content for NMPs;

(C) Assist the NMC in determining compliance and variance criteria for agricultural operations;

(D) Assist the NMC in establishing a monitoring program establishing the effectiveness of the Act;

(E) Assist in establishing education, certification, and testing requirements for CNMS;

(F) Determine the appropriate individuals within the Department to ensure violations and penalties of this Act are assessed and collected; and

(G) Perform additional duties as necessary to implement the provisions of this Act.

Section 12. Effective Date.

This Act shall take effect immediately upon enactment.